Crown Central Petroleum Corp. v. Page-Myers Oil Co.

The first assignment of error relates to the following exchange which occurred after the plaintiff and all the defendants had rested. The plaintiff requested permission to offer one John J. Burke as a rebuttal witness, which was permitted by the trial judge in his discretion. At the conclusion of testimony by Burke the following transpired:

“Mr. Fleming (in the presence of the jury): ‘Your Honor, we purpose to call Mr. Duckworth but his testimony would be largely cumulative.’ ”

“Mr. Randolph: ‘Object to that.’

“The Court: ‘Overruled— Exception.’

“Mr. Fleming: T was going to say your Honor has…